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2025 DAILYLAW 52539 (AP)

POGULA VENKATESWARLU v. THE STATE OF AP

WP/19086/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010369982023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19086 OF 2023 Between: 1. POGULA VENKATESWARLU, S/o. Venkataswamy, agedabout 43 years, Occ.Cooly, presently Sarpanch of Talamudipi Village, D.No.1/407, S.C. Colony, Midthur Mandal, Nandyal District. ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary to Home Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist. 2. The Superintendent of Police, Nandyal, Nandyal District. 3. The Deputy Superindent of Police, Nandikotkur, Nandyal District. 4. The Station House Officer, Midthur Police Station, Midthur, Nandyal District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue Writ, order or orders specially one in the nature of WRIT OF MANDAMUS declaring action of the respondents for not taking any steps for providing protection duly under taking investigation in pursuance of the report given by the petitioner on 12-07-2023 and 13-07-2023 through registered posts to the respondents in accordance with the provisions of the SC/ST (PoA) Act, and code of criminal procedure, 1973 is illegal, arbitrary and offends Article 14, 21 of Constitution of India and Consequently direct the Respondents to register crime on report as a case and undertake investigation in accordance with the provisions of provisions of the SC/ST (PoA) Act and code of criminal procedure, 1973 and prosecute the real culprits and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to register criminal case based on reports dt.12-07-2023 and 13-07-2023 sent through registerted post to the 2nd respondent as a case and undertake investigation and provide protection in accordance with the provisions of code of criminal procedure, 1973, pending disposal of the above writ petition and pass Counsel for the Petitioner: G RAJU Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19086 OF 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….pleased to issue Writ, order or orders specially one in the nature of WRIT OF MANDAMUS declaring action of the respondents for not taking any steps for providing protection duly under taking investigation in pursuance of the report given by the petitioner on 12-07-2023 and 13-07-2023 through registered posts to the respondents in accordance with the provisions of the SC/ST (PoA) Act, and code of criminal procedure, 1973 is illegal, arbitrary and offends Article 14, 21 of Constitution of India and Consequently direct the Respondents to register crime on report as a case and undertake investigation in accordance with the provisions of provisions of the SC/ST (PoA) Act and code of criminal procedure, 1973 and prosecute the real culprits and pass…” 2. It is represented by learned counsel that Sri G.Raju, learned counsel on record has now become learned Government Pleader, there is need to change vakalath. 3. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home, on instructions would submit that they have not registered the case since the complaint is turned out to be a false one and no further arguments are necessary in this matter. 4. Recording the above said submissions, this Writ Petition is disposed of. The petitioner is at liberty to work out his remedies before appropriate forum in accordance with law There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22-11-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.19086 of 2023 Dated.22-11-2025 KKV 95 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.19086 of 2023 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 22.11.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV